A bail application can be granted considering the applicant's lack of criminal history and duration of custody, contingent on compliance with specific court conditions.

Order on Board

17/09/2025

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.162/2025 registered at Police Station -Mulmula District- Janjgir-Champa (C.G.) for the offence punishable under Sections 296 , 351(3), 109, 115(2) & 3(5) of BNS Act.

2. Case of the prosecution, in brief, is that complainant/Fuleshwari Bai Chauhan lodged the F.I.R. at P.S. Mulmula, Dist.- Janjgir-Champa (C.G.) on 13.06.2025 stating that one Mahesh @ Bundru Shrivas took her son namely Ajay Chauhan to get him some work of labour and at about 04;30 P.M. she received a call from son of her sister/Manish Chauhan who informed her that her son was found in bloodshed and was beaten badly by Sonu Yadav and Ajay Nirmalkar near the Wine Shop situated at Vill- Nariyara, thereafter Manish Chauhan along with his friend took Ajay Chauhan on his motorcycle to the Government Hospital Akaltara and from there he was referred to Apollo Hospital Bilaspur. That after questioning Ajay Chauhan, she got to know that on 13.06.2025 at about 04:00 Ρ.Μ., he along with the applicant went to the Wine Shop situated at Vill-Nariyara, thereafter the co-accused/Sonu Nirmalkar and the applicant/Ajay Nirmalkar started using filthy language and injured him with hand & gloves and glass of liquor bottle because of some earlier dispute between them.

3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He further submits that on the date of incident there was some quarrel took place between the applicant along with co- accused namely Sonu Nirmalkar and injured, as a result they had abusing the injured and is said to have assaulted him with hands, fist and the main allegation assaulted to injured by liquor bottle/glass levelled against the co-accused namely Sonu Nirmalkar, by which injured sustained grievous injury. Further, the applicant is in jail since 16.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

4. Learned counsel for the State/non-applicant as well as learned counsel for the objector would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and necessary correction has been made by the Investigating Officer in the charge-sheet with respect of the filling of the date of the charge-sheet and the applicant has no previous criminal antecedent. She further submits that the main allegation assaulted to injured by liquor bottle/glass levelled against the co-accused namely Sonu Nirmalkar, by which injured sustained grievous injury.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the main allegation assaulted to injured by liquor bottle/glass levelled against the co-accused namely Sonu Nirmalkar, by which injured sustained grievous injury, applicant has no previous criminal antecedents, further he is in jail since 16.06.2025 and case of the applicant is distinguished of the case of co-accused Sonu Yadav, the charge- sheet has been filed, looking to the fact that conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Let the applicant – Ajay Kumar Nirmalkar, involved in Crime No.162/2025 registered at Police Station -Mulmula District- Janjgir-Champa (C.G.) for the offence punishable under Sections 296 , 351(3), 109, 115(2) & 3(5) of BNS Act, be released on bail o